Secretive Court of Protection in legal reporting first over man's battle with council

Britain’s most secretive court took its first step towards becoming more open
on Monday after ruling the media could report on a current case involving a
father’s struggle to care for his autistic son.

Mark (Rt) And Steven Neary taken from an open Facebook profilePhoto: FACEBOOK

The dispute started in December 2009 when Steven, 20, went into a “positive behaviour unit” for three days of respite care because his 51 year-old father was ill.

He was due to be there for just three days but the council then refused to allow him to return home after his behaviour deteriorated.

Officials only allowed him to make only short visits and refused to allow him to stay overnight. The council issued a “Deprivation of Liberty Order” claiming Steven Neary had challenging behaviour and was dangerous in public.

But his father, a counsellor now living in Uxbridge, west London, argued that much of the reported bad behaviour was provoked by his son’s unhappiness at being kept away from his home.

Mr Neary’s battle against had already widely reported by national and local media outlets who had applied for permission to rule on his case.

Steven returned to his father’s home as a result of an interim court order in December.

The Court of Protection will rule at a future hearing whether the Council acted lawfully in its refusal and whether future welfare arrangements have been properly considered.

In a statement issued through his lawyer Mr Neary said he was “delighted” by the ruling.

“Since the council decided that Steven needed to be in residential care I have tried everything legally within my power to bring him home,” he said.

“This has been an incredibly long struggle. Most importantly Steven is happy and settled at home now and I have no doubt his quality of life is vastly improved at home.”

A council spokesman welcomed the ruling, saying it would allow people “to hear the whole story”.